Hindu Marriage Act, 1955
Sections 5 & 11—Marriage declared to be null and void—Appeal—Wife and husband, both being fourth in generation to their fathers, who happen to be real brothers, clearly fall within the category of sapinda—Wife has not been able to establish her case that her marriage with respondent is an exception to the definition of sapinda—No error found in the judgment passed by trial court whereby marriage between parties has been held to be null and void—Appeal dismissed.
[Paras 22 to 29]
Section 16(3)—Rights of child who born to parents whose marriage is null and void—Entitlement—Marriage between parents of child has been declared null and void having fallen within the category of sapinda, however, there is no dispute to the legitimacy of the child—Child of parties is entitled to his rights as per law.
[Para 31]